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NY K87473




July 13, 2004
CLA-2-94:RR:NC:1:108 K87473

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Mr. Shachar Gat
Shonfeld’s USA, Inc.
16871 Noyes Avenue
Irvine, CA 92606

RE: The tariff classification of glass oil lamps from China.

Dear Mr. Gat:

In your letter dated June 22, 2004, you requested a tariff classification ruling.

The subject merchandise, based on the submitted samples, is decorative bottle-shaped glass oil-filled lamps that are generally referred to as the “Cassie Lamp Carry Sets.” They are imported in two sets (not sets for tariff purposes) with each set made up of three oblong-shaped bottles that measure approximately 11 ½ inches in height.

One set of three oil lamps, specifically referred to as the “Majestic Holiday Set” (item number LMP-208477A), is stated to contain the following: natural gold shear leaves with gold plastic beads and glass burgundy marbles; burgundy-colored natural wormwood grass with gold plastic beads; and natural twigs with artificial burgundy hydrangeas and an artificial burgundy butterfly, respectively. The other set of three oil lamps, specifically referred to as the “Ice Holiday Set” (item number LMP-208477B), is stated to contain the following: blue-colored natural flowers on long stems with clear glass bits; silver-colored natural wormwood grass with stone fragments; and an artificial deep-teal berry branch with glass marbles, respectively.

Each lamp has a screw-on cap that when removed is designed to accommodate a fiberglass wick inserted into a small cylindrical cap-like metal receptacle. The wick and its receptacle are packed in a small textile net bag attached to the lamp’s neck. Each lamp set is retail-packed in a clear plastic container.

The applicable subheading for these oil lamps will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings, other. The rate of duty will be 6 percent ad valorem.

This importation of merchandise, containing natural foliage, flowers, and twigs as in the above-described products, may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You are advised, in regard to obtaining information on these regulations, to contact the aforementioned agency at the following location:

U.S. Department of Agriculture
APHIS
Plant Protection and Quarantine Permit Unit 4700 River Road, Unit 136
Riverdale, MD 20737-1236
Telephone number: 877-770-5990

In regard to the lamp oil, this merchandise may also be subject to the requirements of the Toxic Substances Control Act administered by the U.S Environmental Protection Agency. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, phone number (202) 554-1404.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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